Criminal Defense of Immigrants

(B)  Admissions of Facts that Trigger Adverse Conduct-Based Immigration Consequences Even Without a Conviction.  The client can suffer immigration penalties for some acts even if there is no criminal conviction.  Some grounds of deportation, [154] and some grounds of inadmissibility,[155] do not depend upon the existence of a conviction, but are triggered instead by certain conduct or other factors.  For example, a person may be excluded (but not deported) if the government has “reason to believe” the person has been a drug trafficker, [156] or if s/he “has engaged in” prostitution.[157]  Drug addiction and drug abuse are grounds for deportation and exclusion.[158]  For more in depth discussions of these various grounds of inadmissibility, see § 8.40(A), supra, and Chapter 16, infra.

[154] See Appendix D, sections [4], [7], [8], [12-15], [19], [20], [22-31], [33], [36-39], [41-44], [47], [48], [50]. infra.

[155] See Appendix E, § § 5-44 infra.

[156] See Appendix E, § 15, infra.

[157] See Appendix E § 29, infra.

[158] See Appendix D, section [4], infra (deportation); Appendix G, § 17, infra (inadmissibility); D. Kesselbrenner & L. Rosenberg, Immigration Law and Crimes § 3.2 (2004).